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(영문) 대구지방법원 2012.11.16 2012고단2750
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Criminal facts

As the Defendants were punished, the Defendants conspired to acquire the security money under the pretext of leasing the said commercial building even though the secured mortgage equivalent to the maximum debt amount of KRW 786 million has been set on the Daegu Suwon-gu F Commercial Building owned by Defendant B, the representative director of which was the Defendant B, even though the secured mortgage amount of KRW 786 million was set.

Defendant

A around November 10, 2010, at the H Licensed Real Estate Office of Seongdong-gu, 301 Dong 105, Defendant B entered into a lease agreement on the housing of the fourth floor of the commercial building with the victim D with the delegation of Defendant B. On November 10, 2010, A made a false statement that “The victim would set up a lease agreement on the housing of the fourth floor of the commercial building with the victim for the reason that the right of collateral security was established on the commercial building as above.”

However, in fact, the Defendants did not have the intention or ability to establish the right of lease on a deposit basis because they did not have been delegated with the authority of the establishment of the right of lease on a deposit basis.

When concluding a lease contract with the victim on the same day, the Defendant received 3 million won down payment from tin, and the intermediate payment of 20 million won around January 31, 201, and the same year.

2.9. Any balance of KRW 7 million has been transferred to the account of the E (State).

As a result, the Defendants conspired to deception the victim and received 30 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. The Defendants and the defense counsel regarding the assertion of the Defendants of the real estate lease contract, the copy of the remittance passbook, and the defense counsel were authorized to establish the right to lease on a deposit basis with the Defendant’s her birth together at the time of entering into the instant lease contract with the victim, and thus, the Defendants and the defense counsel was authorized to establish the right to lease on a deposit basis with the Defendant

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